It is important that you join your spouse's corporation pursuant to N.C. Gen. Stat. §50-20 and Rule 19 of the North Carolina Rules of Civil Procedure.
In one recent case in Wake County, the Defendant had an LLC that had no assets as of the date of separation. At trial, the Defendant testified that after the date of separation, he transferred assets he did not actually own on or before the date of separation (Defendant testimony) into the LLC because he had subsequently purchased the assets from a family member.
The court held the assets were not owned by the parties before the marriage. However, if the Court had ruled the assets were marital, it would have been necessary to join the corporation to distribute the assets.
The UNC School of Government published a summary of this issue in February, 2016 and it is a great read.
